5.  The applicant was born in 1944 and lives in Krasnoyarsk.
6.  On 14 September 1999 the applicant, at the material time a prosecutor with the Krasnoyarsk Environmental Protection Prosecutor’s Office, was arrested under suspicion of instigating a murder. On the same day the police conducted a search at the applicant’s home and seized certain documents. On 23 September 1999 he was placed in pre-trial detention in SIZO‑1 in Krasnoyarsk (referred to in certain documents as IZ 24/1, hereafter SIZO‑1). The applicant was released on bail on 26 October 2000.
7.  In November-December 2000 certain newspapers and television programmes described the applicant as a “criminal” in affirmative terms and disseminated allegedly negative information about him.
8.  On 12 March 2001 the Krasnoyarsk Regional Court examined the charges against the applicant. During the trial the court allegedly refused to summon certain defence witnesses. The court found the applicant guilty of instigating a murder and sentenced him to eight years’ imprisonment. On the same date the applicant was taken into custody.
9.  On 30 January 2002 the Supreme Court of Russia upheld the judgment.
10.  On 16 April 2002 the applicant was transferred to correctional colony IK-272/3, a penitentiary facility in Irkutsk, to serve his sentence.
11.  In 2005 the applicant was granted early release on parole. He left prison on 11 July 2005.
12.  On 23 September 1999, after the applicant’s arrest, he was examined by a medical panel which, on the basis of the applicant’s own explanations, noted that he suffered from ischaemic heart disease, exertional angina, hypertension, myopia and chronic bronchitis.
13.  On 11 April 2000 he developed acute hypertension and was transferred to the prison hospital of the facility UP 288/18. On arrival at the hospital he was diagnosed with second-degree hypertension, cardiac ischaemia, cardiac angina, high‑degree myopia, second-degree encephalopathy and a second to third-degree prostate adenoma. The applicant followed a course of treatment with antihypertensive medicines, nitrates, Inosine[1], aspirin and supplements. On 28 May 2000 the applicant was discharged from the hospital with a diagnosis of second-degree hypertension, second-degree atherosclerotic cardiosclerosis, first-degree encephalopathy, aggravated high-degree myopia, a second to third-degree prostate adenoma and a number of related conditions, and was transferred back to SIZO‑1. The applicant was advised to continue constant treatment with antihypertensive medicines, nitrates and aspirin.
14.  On 31 October 2000, after the applicant had been released on bail, he underwent a full inpatient medical examination in the hospital of the Krasnoyarsk research centre of the Russian Academy of Sciences. He was diagnosed with repeated cerebral blood supply disturbance (stroke), third‑degree hypertension, cardiac angina, cardiac ischaemia, a first-degree prostate adenoma, chronic bronchitis, emphysema and a wide range of related conditions. In the hospital the applicant received treatment for his hypertension and cardiac disease, including medicines in the form of pills and injections, physiotherapy and inhalations which, according to the medical report, improved his condition.
15.  During his treatment the applicant had several consultations with a neurologist and an ultrasonic encephalogram. The notes made by the neurologist recorded the applicant’s complaints of headaches, a feeling of pressure on the eyes during episodes of acute hypertension, blocked ears and vertigo; the symptoms observed by the neurologist, namely numbness in the left arm, dysarthria, memory impairment and speech disorder; and a reference to a concussion suffered by the applicant in 1967. The applicant was diagnosed with encephalopathy of mixed origin – vascular, atherosclerotic and post‑traumatic.
16.  On 28 November 2000 the applicant was discharged from the hospital with recommendations for regular medical supervision by a cardiologist, a neurologist and a urologist, and a prescription for a diet and a range of medication for relief of his cardiac symptoms and hypertension.
17.  On 30 November 2000 the applicant was checked in for outpatient treatment at the local clinic in connection with the above-mentioned diseases.
18.  On an unspecified date in December 2000 the applicant filed a motion to have the trial adjourned on account of his poor state of health. On 19 December 2000 the Krasnoyarsk Regional Court ordered an expert examination in order to determine whether the applicant was fit to participate in the trial. On 27 December 2000 seven experts from the Krasnoyarsk Regional Forensic Expert Bureau examined the applicant in person and studied the medical documents in the applicant’s criminal file.
19.  On 9 January 2001 the panel of experts issued a forensic report stating that the applicant had been diagnosed with repeated cerebral blood supply disturbance (stroke), cerebral and cardiac ischaemia, exertional angina, cardiac decompensation with cardiac asthma attacks, ventricular premature beats, third-degree hypertension and second to third-degree encephalopathy of mixed origin. It was also noted that, according to the medical documents, the applicant had chronic obstructive bronchitis, emphysema, pneumosclerosis, first-degree respiratory compromise, chronic hepatitis, chronic cholecystitis, generalised osteochondrosis, high-degree myopia of both eyes, a first-degree prostate adenoma and a post-operative inguinal hernia.
20.  The experts concluded that the applicant’s condition was of medium gravity, corresponding to a second-degree disability. The report further stated that he did not require urgent medical treatment but needed outpatient supervision and periodic inpatient treatment. The applicant was found fit to stand trial, although “further deterioration of [the applicant’s] health could not be excluded”. Having studied the forensic report, the Krasnoyarsk Regional Court dismissed the motion for adjournment of the trial.
21.  On 14 March 2001, two days after the applicant, following his conviction, was placed in SIZO‑1 for the second time, he was inspected by the medical staff who noted, on the basis of his own explanations, that he had been diagnosed with cerebral blood supply disturbance (stroke) leading to limited function of his right arm, memory impairment, third‑degree myopia, ischaemic heart disease, exertional angina, hypertension and chronic bronchitis.
22.  Between 2002 and 2005, while the applicant was serving his sentence in IK‑272/3, his medical supervision included four mandatory consultations with a general practitioner and a month-long course of inpatient treatment per year, the details of which are given in paragraphs 23, 24 and 26 below. In addition to that, on three occasions – in July 2002, July 2003 and August 2004 – he was granted temporary leave from prison, which he spent at home in Krasnoyarsk.
23.  On 30 April 2002 the applicant was admitted to the hospital of penitentiary facility UK‑272/6 for a course of periodic inpatient treatment. He stayed there until 27 May 2002, undergoing tests and treatment for cardiac ischaemia, exertional angina and hypertension. On 23 May 2002 the applicant was examined by a panel of medical experts and was recognised as having a third-degree disability (low). Before the applicant left the hospital he was prescribed four mandatory consultations with a general practitioner in the course of 2002 and an inpatient examination in 2003.
24.  On 29 April 2003 the applicant was admitted to the hospital of facility UK‑272/6, where he stayed until 27 May 2003, undergoing tests and consultations with a wide range of medical specialists and being given treatment for cardiac ischaemia, exertional angina and hypertension. On 8 May 2003 the applicant was examined by a panel of medical experts and was recognised as having a second-degree disability (medium). On 16 May 2003 he underwent an examination with a urologist and was diagnosed with first-degree benign prostatic hypertrophy. He was given recommendations to follow but no treatment was prescribed. Before the applicant left the hospital his condition was assessed as improved; he was prescribed four mandatory consultations with a general practitioner in the course of 2003 and an inpatient examination in 2004.
25.  On 4 July 2003, while he was on leave from prison, the applicant underwent a urological x-ray examination, which established that he had a prostate adenoma. The x-ray report contained no prescription or further recommendations.
26.  On 23 April 2004 the applicant was placed in the hospital of facility UK‑272/6, where he stayed until 18 May 2004, undergoing tests and treatment for cardiac ischaemia and exertional angina. He was prescribed four mandatory consultations with a general practitioner in the course of 2004 and an inpatient examination in 2005.
27.  According to the applicant, in summer 2004, while he was on leave from prison, he underwent examination by a urologist, who allegedly recommended him to have his prostate adenoma operated.
28.  The parties’ submissions as to whether the applicant was allowed medicines in the prison cell differ. The applicant claimed that the prison regulations prohibited having any medication and that he would have had to rely on the facility’s pharmacy in an emergency. The Government, on the other hand, submitted that the applicant was allowed to keep certain medicines in the cell at all times because he suffered from ischaemia, exertional angina and hypertension, conditions listed as giving grounds for keeping non‑narcotic medicines in the cell.
29.  On 9 August 2004 the applicant applied to the Kuybyshev District Court of Irkutsk for a reduction of his sentence, relying on a new law that allegedly mitigated the offence of which he had been convicted. On 7 September 2004 the head of IK-272/3 filed a motion in support of the applicant’s request, stating, inter alia, as follows:
“... while serving his sentence [the applicant] fell ill with a number of serious diseases and his state of health is a cause of concern ... several times he underwent inpatient treatment but there was no improvement. [His] diseases are progressive in nature ... In the conditions of the colony it is impossible not only to treat all these diseases but even to maintain his condition at a more or less stable level: the absence of the expensive medicines and equipment required makes treatment impossible, in breach of [the applicant’s] constitutional rights. [His] treatment needs to be carried out in an inpatient setting by practitioners specialising in the specific medical fields.”
30.  On 16 September 2004 the court dismissed the request, having found no lawful grounds for a reduction in sentence. No appeal was lodged against this decision. As indicated above, the applicant was released on parole on 11 July 2005.
31.  The facts concerning the alleged ill-treatment of the applicant are in dispute between the parties.
32.  According to the applicant, he was beaten by the investigating officers immediately after his arrest and was ill-treated on several occasions thereafter. He also alleged that on an unspecified date in 2000 during his detention in SIZO-1 he had been severely beaten by his cellmates, who caused him injuries including several broken teeth and a serious cerebral trauma.
33.  The Government submitted that the applicant had not been ill-treated in detention, either by officials or cellmates, and that his extensive medical file contained no mention of injuries during that period, in particular broken teeth or cerebral trauma.
34.  In October 2002 the applicant’s spouse complained to the prosecutor’s office about the allegedly unlawful search conducted on 14 September 1999, and alleged that the investigator of the applicant’s criminal case had been rude while questioning her. She also alleged that on one occasion in November 1999 the applicant had been left for a long time in a transit van and had had to cry for help, following which he was placed in a disciplinary cell. In her view, all of the above constituted ill-treatment.
35.  On 9 October 2002 the applicant was questioned about the events alleged in his spouse’s complaint, and explained that he had sustained unidentified injuries during his arrest and placement in SIZO‑1. He claimed that this was one of the causes of a cerebral disorder that he had developed later.
36.  In a letter dated 22 October 2002 the prosecutor’s office informed the applicant’s spouse of the results of the inspection conducted on the basis of her complaint. The letter stated as follows:
“The allegations of the complaint ... were shown to be unfounded within the course of the inspection. During [the applicant’s] detention he was provided with outpatient medical assistance in SIZO-1, as well as with inpatient treatment in [the prison hospital], as required by his chronic illnesses.
Likewise, your allegations concerning [ill-treatment] of your husband by the officers of [SIZO‑1], ... were shown to be unfounded.”
37.  In April 2003, during the applicant’s annual inpatient treatment in the hospital of facility UK‑272/6, he was interviewed for the purposes of his medical file and submitted that he had sustained a “head trauma” in 2001.
38.  On 28 July 2005 the Krasnoyarsk Regional Prosecutor’s Office decided to verify the applicant’s allegations. They questioned investigators D. and V., reviewed the relevant documents in the applicant’s criminal file and found that the allegations of ill-treatment were unsubstantiated. On 1 August 2005 a decision was taken to dispense with criminal investigation of the events at issue.
39.  From 23 September 1999 to 26 October 2000, pending his trial, the applicant was detained in the detention facility SIZO‑1 in Krasnoyarsk. On 12 March 2001, when the first-instance court convicted the applicant, he was placed in the same detention facility, where he remained until 16 April 2002 while his case was reviewed by the court of appeal. Throughout this latter period the applicant was held consecutively in the following cells:
- cell no. 22, measuring 28.75 sq. m, intended for 12 inmates;
- cell no. 93, measuring 31.8 sq. m, intended for 8 inmates;
- cell no. 257, measuring 21 sq. m, intended for 6 inmates.
40.  According to the applicant, he spent most of this time in cells nos. 22 and 93 and only a few weeks in cell no. 257.
41.  The Government did not indicate the number of inmates actually held in the above cells at the material time. They claimed that the relevant records had been destroyed on expiry of their archiving period. They submitted, however, a copy of the receipt certifying that the applicant had received individual bedding.
42.  The applicant, on the other hand, submitted that the cells had been severely overcrowded. The number of detainees in cell no. 93 varied between 40 and 45, although it was fitted with only 18 sleeping places. Cell no. 22 housed 50 or more detainees and was fitted with three tiers of beds. The detainees had to take turns to sleep, and for the rest of the time they sat around the cell on their bags, on cardboard boxes or on the floor. No separate bedding was provided.
43.  In support of his statements the applicant submitted testimonies by Mr Ch., Mr Z. and Mr D., all of whom had shared a cell with the applicant during his detention in SIZO‑1. Their submissions on the number of detainees in the cells are similar to the figures provided by the applicant; they also stated that the detainees had to sleep in shifts.
44.  Each of the above cells had a window measuring 95x95 cm (cells nos. 22 and 93) and 85x105 cm (cell no. 257). In the cold season the windows were fitted with glazed window frames. The Government submitted that the cells had sufficient daylight for reading. The cells were equipped with an automatic ventilation system, and the windows each had a small opening pane for natural ventilation.
45.  The applicant agreed with the Government on the size of the windows, but submitted that the windows were not glazed and were curtained with blankets. In cell no. 93, the window was also fitted with metal bars and a metal sheet fixed outside the window which screened off the daylight and did not let fresh air through the window. Cell no. 22 was situated in the basement and had hardly any access to daylight or fresh air. Cells nos. 93 and 22 were lit around the clock with one 60‑100 watt bulb. The ventilation was insufficient given that most detainees smoked in the cells. In addition to that, they had to wash and dry their laundry in the cell, which aggravated the staleness of the air.
46.  The applicant’s submissions as regards the light and ventilation in cells nos. 93 and 22 are reiterated, in substance, in the statements of Mr Ch., Mr Z. and Mr D.
47.  The cells were each equipped with a wash basin and a toilet at floor level. According to the Government, the toilet in cell no. 22 was currently separated by a 150 cm-high brick partition wall. In cell no. 93, prior to 2003, there had been a 100 cm-high metal partition, which was later replaced by a brick partition wall 150 cm in height to separate the sanitary area. To ensure privacy the partitions were fitted with doors. The detainees were allowed to take a 15-minute shower once a week. The applicant was subjected to daily bodily checks for lice, but none were found on him, and he made no such complaints at the material time.
48.  The applicant contested the assertion that the sanitary facilities had partitions. Referring in particular to cells nos. 93 and 22, he claimed that the lavatory offered no privacy to the person using the toilet, who was in view of both his cellmates and a prison guard observing the cell through a peep-hole in the door. The detainees had to eat their meals at a dining table which was only a metre away from the toilet, which was always filthy. The weekly shower could not last longer than 8-10 minutes because there were at least twice as many detainees simultaneously taking a shower as there were showerheads. The cells were infested with cockroaches and blood‑sucking insects.
49.  The applicant’s submissions as regards the light, ventilation and sanitary facilities in cells nos. 93 and 22 are supported by the statements of Mr Ch., Mr Z. and Mr D. Stating that the toilet had no partition walls of any sort, Mr Z. submitted, in particular, that the applicant “who was seriously ill ... had to suffer physical and psychological pain when [squatting to] ‘rinse his piles’ several times a day in front of all his cellmates ... subjecting him to mockery and sneers”.